While researching personal injury claims, you’ll encounter the terms “settlement” and “verdict.” Both terms ask the compensation or financial award an injured victim can collect during an injury claim. However, they ask for two different legal processes. Recognizing which sort of award is best to pursue in your case requires assistance from a Los Angeles car crash attorney.
Personal Injury Settlement
A personal injury settlement is the foremost common outcome of a claim in the U.S. Most personal injury cases resolve at the insurance settlement stage. The settlement refers to an agreement between the casualty and the liable party’s insurance firm. It’s a pretrial agreement to release the defendant from all further liability for the accident and injury in exchange for the listed amount of insurance benefits.
You and your lawyer will negotiate with someone called an insurance adjuster instead, either face to face or via phone calls and letters. The insurance firm hires an adjuster to review the case and estimate its worth. The lawyer will then help negotiate the settlement award for an amount that accurately makes up for losses.
A Personal Injury Verdict
A verdict refers to a jury’s choice after hearing each side of a personal injury case at court. You’ll recover a judgment award through a jury verdict if your case has got to attend the trial. While this is often uncommon, it’d be the case if you’ve got a sophisticated injury claim, like one involving catastrophic personal injuries or a liability dispute.
If your lawyer cannot resolve the case with a settlement with the insurance firm, he or she may prefer to take the case to trial instead for fair compensation. During a civil trial, the burden of proof may be a preponderance of the evidence. This suggests enough evidence to prove the defendant is more likely than not responsible for your injuries. It is often a lower standard of proof than during a criminal case.
It’ll be up to victim or their attorney to prove that the defendant was negligent, which caused losses in personal injury incident. If you achieve fulfilling the burden of proof, a jury will announce a verdict in your favor. This may end in a judgment award granted, which frequently pays for both economic and non-economic damages (including pain and suffering).
Pros And Cons
Both settlements and verdicts accompany benefits and potential drawbacks for the casualty. You do not undergo a personal injury trial to realize a favorable settlement from the insurance firm of the at-fault party. For this reason, settlements are easier to realize than personal injury verdicts.
One potential drawback of a settlement vs. a verdict is a smaller amount of compensation for your injuries and losses. An attempt takes longer and is costlier than reaching an insurance settlement. The trial process leads to a jury’s greater compensation than the insurance firm would offer during a settlement. The victim will receive compensation for the emotional distress and physical pain, such as exemplary damages.
